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OLR Bill Analysis
sSB 961
AN ACT CONCERNING CERTAIN SEWAGE DISPOSAL SYSTEMS
AND ALTERNATIVE SEWAGE TREATMENT SYSTEMS.
SUMMARY
This bill transfers from the Department of Energy and
Environmental Protection (DEEP) to the Department of Public Health
(DPH) regulatory authority over small community sewerage systems
with daily capacities of up to 10,000 gallons.
By law, DEEP already delegates regulatory authority to DPH over
(1) household and small commercial subsurface sewage disposal
systems (generally, septic systems) with daily capacities up to 7,500
gallons and (2) alternative on-site sewage treatment systems with daily
capacities of up to 5,000 gallons. The bill increases both these
thresholds, and therefore the maximum capacity of facilities under
DPH authority, to 10,000 gallons.
The bill does so by requiring the DEEP and DPH commissioners, as
applicable, to adopt regulations effectuating the jurisdictional transfers
before July 1, 2023.
EFFECTIVE DATE: Upon passage
SEPTIC SYSTEMS AND S MALL COMMUNITY SEWER AGE
SYSTEMS
The bill increases the size of septic systems over which DPH and
local health departments, rather than DEEP, have jurisdiction from a
maximum daily capacity of 5,000 gallons to a maximum daily capacity
of 10,000 gallons. It also shifts from DEEP to DPH jurisdiction over
small community sewerage systems with a maximum daily capacity of
10,000 gallons. Community sewerage systems are comprised of one
subsurface sewage disposal system serving at least two residential
buildings. 2021SB-00961-R000558-BA.DOCX
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Under the bill, DEEP must adopt regulations before July 1, 2023,
establishing and defining the systems subject to DPH authority. Under
existing law, DEEP delegates to the DPH commissioner authority to
issue permits and approvals for certain household and small
commercial subsurface disposal systems. DPH must then establish
minimum requirements for these systems in regulations and
procedures for local health directors or sanitarians to issue permits or
other approvals.
ALTERNATIVE ON-SITE SEWAGE TREATMEN T SYSTEMS
Before July 1, 2023, the bill requires the DPH commissioner to adopt
regulations establishing and defining discharge categories that are
alternative on-site sewage treatment systems with a daily capacity of
up to 10,000 gallons, instead of up to 5,000 gallons as current law
requires. As with existing law, DPH must do so within available
appropriations. (To date, none of these regulations have been adopted,
and DEEP is currently responsible for permitting all of these systems.)
Existing law gives the DPH commissioner jurisdiction over
alternative on-site sewage treatment systems after the adoption of
associated regulations, including the ability to issue or deny permits
and approvals for these systems. An alternative on-site sewage
treatment system consists of a sewage treatment system that uses a
treatment method other than a subsurface sewage disposal system and
involves a discharge to groundwater.
BACKGROUND
Related Bill
sSB 1024, ยง 11, favorably reported by the Planning and
Development Committee, also (1) increases the size of alternative
sewage treatment systems over which DPH has authority, but from a
maximum daily capacity of 5,000 gallons to a maximum daily capacity
of 7,500 gallons, and eliminates the caveat that it is within available
appropriations and (2) gives DPH authority over community sewer
sewage systems with a maximum daily capacity of 7,500 gallons.
COMMITTEE ACTION 2021SB-00961-R000558-BA.DOCX
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Planning and Development Committee
Joint Favorable Substitute
Yea 15 Nay 11 (03/31/2021)